Violations Of Other Rights Research Articles

Rights of personal data subjects as a component of information human rights

In the preamble to the Constitution, Ukraine proclaimed its course towards European integration, which, in particular, includes cooperation in the field of information human rights protection - protection of personal data on the basis of approximation of national legislation to the strictest EU regulations.The article analyzes the concept of information human rights in the context of the rule of law, especially in the period of digital transformation. The main focus is on the actual enforcement of citizens’ rights and freedoms, including information rights. The article analyzes the state of research in the field of information law, in particular, the concepts of “information rights”, “rights to information”, “information freedoms”, as well as approaches to understanding information rights from the standpoint of various branches of law. The authors come to the conclusion that there are studies of the content of the relevant categories, but there is no study of the rights of data subjects themselves. The article examines the content of human information rights as a component of the legal status of a person in the State on the example of legal regulation of protection of the rights of personal data subjects in Ukrainian legislation and in the legal provisions of the European Union. When comparing the content of legal approaches to the regulation of common ideas in the presence of similar lexical constructions, the differences are revealed in the “spirit” of legal regulation: the European approach is characterized by anthropocentricity, human interests are the priority of regulation, and the grounds for exercising many of the rights of data subjects are their will, unlike national legislation, where the grounds for the emergence and exercise of some rights of personal data subjects are the facts of violation of other rights of these subjects.
 The article contains an analysis of the existing categories in the field of information rights, and provides a detailed analysis of the content of the elements of the concept of “personal data”, in particular, the concepts of: “human identification”, “identifiers in real life” and “identifiers in digital space”. The study suggests that the transformation of Ukrainian legislation in the field of personal data protection is still ongoing, which opens the way for further research in this area.

The European Court of Human Rights and the Major Arguments in Environmental Law

The recognition of the right to a healthy environment is the result of a jurisprudential evolution which, without presupposing the explicit recognition of new rights, called for the extension of the scope of application of already existing rights (protection by ricochet, according to the established formula). In this context, the ECHR played and plays an important role in concretizing the right to a healthy environment, a right that indirectly imposes related implications to other rights that guarantee the essential right, namely the right to life of the natural person. Through its activity, the approach of the ECHR is an original one in that it resorts to hypothetical individual rights to sanction infringements of a collective good, such as the environment. This work is a summary that includes the arguments given by the ECHR for the right to a healthy environment, a right that can only be accessed by exploiting other rights such as: the right to life, the right to safety, etc. Although the right to a healthy environment is not a concept of the European Convention of Human Rights but a concept formed by the Council of Europe, however, the impacts on the environment cannot be directly caused by the violation of the right to a healthy environment, which is not guaranteed by the ECHR, can be, instead, the cause of the violation of other rights protected by the Convention.

Human rights\u2019 interdependence and indivisibility: a glance over the human rights to water and sanitation

BackgroundIn 1948 the Universal Declaration of Human Rights was drawn up. The content of this document was further reflected two treaties, the Covenant on Civil and Political Rights, and the Covenant on Economic, Social and Cultural Rights. To try to maintain the interrelationship between the rights contained in each document, the idea that all rights are interdependent and indivisible was stressed. Based on this vision, this study aimed to explore the extent to which the violation of the human rights to water and sanitation interferes with the guarantee of other rights, addressing the principles of interdependence and indivisibility.MethodsFor that, 24 homeless, in the city of Belo Horizonte, Brazil, were interviewed. Individual and group interviews were carried out in addition to participant observation. The content analysis was used in order to analyze the data collected.ResultsThe research found that violation of the rights to water and sanitation promotes violation of other rights, such as health and education rights, strengthening the view of rights’ interdependence and indivisibility.ConclusionIt is important to affirm that the protection of human rights must be consolidated at an operational and normative level, aligned to concepts of indivisibility and interdependence as it has been proposed for approximately seven decades.

INTOLERÂNCIA RELIGIOSA CONTRA AS CRIANÇAS E ADOLESCENTES NA BAIXADA FLUMINENSE: RESISTINDO NOS ABRIGOS DE DUQUE DE CAXIAS

This study aims to analyze the concepts of protection, acceptance, religious intolerance contained in these spaces and the measures adopted daily by children to face exclusion and of public agents who still reproduce a practice intolerant and violates rights. From the bibliographic review and participant observation, we resumed the trajectory of these children in Brazilian shelters that they should protect. However, we find that religious intolerance and the violation of other rights is a recurring practice in these spaces, especially in the Baixada Fluminense/Duque de Caxias. In view of this, we propose that the actions in these spaces be rethought from an antiracist view, decolonial on the horizon of the right to religious freedom.

Intellectual-Human Rights Defenders and Claims for Academic Freedom under Human Rights Law

Human rights claims arising out of attacks on intellectual-human rights defenders (hrds), if brought, typically do not include claims for violations of academic freedom. As a result the standards are underdeveloped relative to other human rights claims and the scope of academic freedom violations globally. This may be in part due to a negatively reinforcing lack of familiarity with issues of academic freedom and the available standards for protection among human rights advocates, and in part to the fact that attacks on academic freedom often manifest as violations of other rights under which claims are brought (e.g. wrongful detention or torture). This article argues that existing human rights law would sustain claims for violations of academic freedom as independently and interdependently derived from the rights to freedom of opinion and expression and the right to education. The article argues that including academic freedom claims in such cases has the benefit of providing an additional basis for relief while strengthening the claim for relief on a manifested violation by providing evidence of motive and intent. Including academic freedom claims also has the independent value of addressing the wider harms to the claimant-victim and society that result from attacks on intellectual expression and are not reached by relief on the manifested violation alone, including harms to a claimant-victim’s creative, intellectual or expressive work, and widespread chilling effects on creativity, teaching, publication and the free exchange of ideas in society.

Intellectual-HRDs and claims for academic freedom under human rights law

Many human rights defenders operate from within higher education institutions, research institutes, academies, societies and ‘think-tanks'. Many of these academics, researchers and lecturers would recognise themselves as human rights defenders because their academic work is consciously paired with rights-promoting education and advocacy. Others may not set out to be human rights defenders, but are cast in the role after being targeted for attack. Human rights claims arising out of such attacks on intellectual-HRDs, if brought, typically do not include claims for violations of academic freedom. As a result the standards are underdeveloped relative to other human rights claims and the scope of academic freedom violations globally. This may be in part due to a negatively reinforcing lack of familiarity with issues of academic freedom and the available standards for protection among human rights advocates, and in part to the fact that attacks on academic freedom often manifest as violations of other rights under which claims are brought (e.g. wrongful detention or torture). This article argues that existing human rights law would sustain claims for violations of academic freedom as independently and interdependently derived from the rights to freedom of opinion and expression and the right to education. This article argues that including academic freedom claims in such cases has the benefit of providing an additional basis for relief while strengthening the claim for relief on a manifested violation by providing evidence of motive and intent. Including academic freedom claims also has the independent value of addressing the wider harms to the claimant-victim and society that result from attacks on intellectual expression and are not reached by relief on the manifested violation alone, including harms to a claimant-victim's creative, intellectual or expressive work, and widespread chilling effects on creativity, teaching, publication and the free exchange of ideas in society.